2001 (11) TMI 816

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... i J.J. Bhatt with A.M. Dave, Advocates, for the Respondent. [Order per : Gowri Shankar, Member (T)]. The question for consideration in this appeal is whether the benefit of Notifications 296/92 and 297/92 both issued on 18-11-1992 would be available to the goods imported by the respondent, deposited in a private bonded warehouse on 14-7-1992 and removed from it in February, 1993. 2. In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... inum, palladium or silver produced out of certain metals sent out of India subject to the conditions therein. The exemption contained in the notification is from so much of the duty, as is in excess of the duty which would be leviable if the value of the goods were equal to the aggregate of the production or processing costs (the elements of which are specified) and the insurance and freight charg .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ion. If, for example, for any reason, the benefit of the notification was not claimed, or claimed but not granted, the value on which the duty calculated would be determined in the bill of entry which was filed for depositing the goods in a bonded warehouse. In other words, therefore, while the application of the notification requires determination of a notional value, that is not the value of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X